ORDER MICHAEL D. NELSON , Magistrate Judge . This matter is before the court on Government's JOINT MOTION FOR EXTENSION OF PRETRIAL PROGRESSION ORDER [29]. For good cause shown, I find that the motion should be granted. The government will be given an approximate 20-day extension to produce Rule 16 discovery to both defendants. Defendants will be given an approximate 45-day extension. Pretrial Motions shall be filed by May 26, 2020. IT IS ORDERED: 1. Government's JOINT MOTION FOR...
ORDER MICHAEL D. NELSON , Magistrate Judge . This matter is before the court on Defendant's MOTION FOR EXTENSION OF TIME TO FILE PRETRIAL MOTIONS [27]. For good cause shown, I find that the motion should be granted. Defendant will be given an approximate 30-day extension. Pretrial Motions shall be filed by April 20, 2020. IT IS ORDERED: 1. Defendant's MOTION FOR EXTENSION OF TIME TO FILE PRETRIAL MOTIONS [27] is granted. Pretrial motions shall be filed on or before April 20, 2020. 2....
PROTECTIVE ORDER MICHAEL D. NELSON , Magistrate Judge . Upon consideration of the parties' joint request for entry of a Protective Order, ( Filing No. 38 ), the Court enters the following Protective Order governing the disclosure of confidential Discovery Material by a Producing Party to a Receiving Party in this Action. 1) Definitions. As used in this Order: a. Action refers to the above-captioned litigation. b. Discovery Material includes all information exchanged between the...
ORDER CHERYL R. ZWART , Magistrate Judge . The court has orally examined the financial status of the defendant in support of Defendant's request for appointed counsel. After a review of the Financial Affidavit, the court finds the above-named defendant is currently eligible for appointment of counsel pursuant to the Criminal Justice Act, 18 U.S.C. 3006A, and Amended Criminal Justice Act Plan for the District of Nebraska. Accordingly, IT IS ORDERED: 1) The Federal Public Defender for...
ORDER MICHAEL D. NELSON , Magistrate Judge . This matter is before the court on Defendant's UNOPPOSED MOTION TO CONTINUE DEADLINE FOR FILING PRETRIAL MOTIONS [18]. For good cause shown, I find that the motion should be granted. Defendant will be given an approximate 30-day extension. Pretrial Motions shall be filed by April 20, 2020. IT IS ORDERED: 1. Defendant's UNOPPOSED MOTION TO CONTINUE DEADLINE FOR FILING PRETRIAL MOTIONS [18] is granted. Pretrial motions shall be filed on or...
AMENDED ORDER SUSAN M. BAZIS , Magistrate Judge . This matter is before the court on the motion of Assistant Federal Public Defender Jeffrey L. Thomas and the Office of the Federal Public Defender to withdraw as counsel for the defendant, Rose Ellen Points. (Filing No. 13). Jeffrey L. Thomas represents that the Office of the Federal Public Defender has a conflict of interest in this matter. Jeffrey L. Thomas' and the Office of the Federal Public Defender's motion to withdraw (Filing No. 13)...
ORDER MICHAEL D. NELSON , Magistrate Judge . This matter is before the court on Defendant's UNOPPOSED MOTION TO CONTINUE DEADLINE FOR FILING PRETRIAL MOTIONS [26]. For good cause shown, I find that the motion should be granted. Defendant will be given an approximate 30-day extension. Pretrial Motions shall be filed by April 20, 2020. IT IS ORDERED: 1. Defendant's UNOPPOSED MOTION TO CONTINUE DEADLINE FOR FILING PRETRIAL MOTIONS [26] is granted. Pretrial motions shall be filed on or...
AMENDED PROGRESSION ORDER MICHAEL D. NELSON , Magistrate Judge . This matter comes before the Court on the parties' Joint Motion to Continue Discovery and Expert Deadlines ( Filing No. 28 ). After review of the parties' motion, the Court finds good cause to grant the requested extensions. Accordingly, IT IS ORDERED that the Joint Motion to Continue Discovery and Expert Deadlines ( Filing No. 28 ) is granted, and the final progression order is amended as follows: 1) The trial and...
ORDER LAURIE SMITH CAMP , Senior District Judge . Before the Court are the Findings and Recommendation (F&R) of Magistrate Judge Susan M. Bazis, ECF No. 73. The F&R recommends that the Defendant's Motion to Suppress, ECF No. 44, be denied. No objections to the F&R have been filed within the time designated. After a review of the Court record in this matter, including the hearing transcript, evidence, and the Magistrate Judge's well-reasoned F&R, IT IS ORDERED: 1. The Magistrate Judge's...
PRELIMINARY ORDER OF FORFEITURE LAURIE SMITH CAMP , Senior District Judge . This matter is before the Court on the United States of America's Motion for Preliminary Order of Forfeiture (ECF No. 67). The Court has reviewed the record in this case and finds as follows: 1. Defendant Adela Sabino Perez entered into a Plea Agreement (ECF No. 65) whereby she agreed to enter a plea of guilty to Count One and the Forfeiture Allegation of the Indictment. 2. Count One charged defendant with...
MEMORANDUM AND ORDER LAURIE SMITH CAMP , Senior District Judge . This matter is before the Court on Plaintiffs' Motion for Default Judgment, ECF No. 176, on the issue of damages. In the Memorandum and Order dated February 20, 2020, ECF No. 180, the Court granted Plaintiffs' Motion for Default Judgment. On March 9, 2020, Plaintiffs appeared before the Court to present evidence on the issue of damages. At the hearing on damages, Plaintiffs presented testimony from KD, JD, LD, Dr. Kevin Ray...
ORDER ON APPEARANCE FOR SUPERVISED RELEASE VIOLATION MICHAEL D. NELSON , Magistrate Judge . The defendant appeared before the Court on March 18, 2020 regarding Petition for Offender Under Supervision [42]. Karen Shanahan represented the defendant. Kimberly Bunjer represented the government. The defendant was advised of the alleged violation(s) of supervised release, right to retain or appointment of counsel, and any right to a preliminary hearing in accordance with Federal Rule of Criminal...
MEMORANDUM AND ORDER JOHN M. GERRARD , Chief District Judge . This matter is before the Court on the Magistrate Judge's Findings and Recommendation on a Guilty Plea (filing 36) recommending that the Court accept the defendant's plea of guilty. There are no objections to the findings and recommendation. Pursuant to 28 U.S.C. 636(b)(1)(C) and NECrimR 11.2(d), the Court has conducted a de novo review of the record and adopts the findings and recommendation of the Magistrate Judge. The...
GENERAL ORDER NO. 2020-04 JOHN M. GERRARD , Chief District Judge . The ongoing situation created by the spread of the novel coronavirus first detected in China, and the resulting outbreak of respiratory disease COVID-19 in Nebraska, has reached the point where court operations are affected. There are now several diagnosed cases in the District of Nebraska, and while many people who contract the virus are only mildly affected, others are at higher risk of serious or fatal illness. Many of...
ORDER MICHAEL D. NELSON , Magistrate Judge . The court has been presented a Financial Affidavit (CJA Form 23) signed by the above-named defendant in support of a request for appointed counsel. After a review of the Financial Affidavit, I find that the above-named defendant is eligible for appointment of counsel pursuant to the Criminal Justice Act, 18 U.S.C. 3006A, and Amended Criminal Justice Act Plan for the District of Nebraska. IT IS ORDERED: The Federal Public Defender for the...
ORDER SUSAN M. BAZIS , Magistrate Judge . This matter is before the court on Defendant's Unopposed Motion to Continue Deadline for Filing Pretrial Motions [20]. For good cause shown, I find that the motion should be granted. Defendant will be given an approximate 30-day extension. Pretrial Motions shall be filed by April 16, 2020. IT IS ORDERED: 1. Defendant's Unopposed Motion to Continue Deadline for Filing Pretrial Motions [20] is granted. Pretrial motions shall be filed on or before...
ORDER CHERYL R. ZWART , Magistrate Judge . On February 14, 2020, Plaintiff filed a motion for leave to file her third amended complaint. (Filing No. 60). Plaintiff's motion to amend is partially opposed. (Filing No. 63). However, before her motion for leave to file her third amended complaint was fully submitted, Plaintiff filed a motion for leave to file a fourth amended complaint. (Filing No. 67). In light of her motion to file a fourth amended complaint, Plaintiff has moved to withdraw...
ORDER SUSAN M. BAZIS , Magistrate Judge . This matter is before the court on Defendant's Unopposed Motion for Extension of Time to File Pretrial Motions [29]. For good cause shown, I find that the motion should be granted. Defendant will be given an approximate 60-day extension. Pretrial Motions shall be filed by May 15, 2020. IT IS ORDERED: 1. Defendant's Unopposed Motion for Extension of Time to File Pretrial Motions [29] is granted. Pretrial motions shall be filed on or before May 15,...
ORDER MICHAEL D. NELSON , Magistrate Judge . This matter is before the court on the Defendant's Unopposed Motion to Continue [30]. Based on the reasons set forth in the motion, the court finds good cause has been shown and the motion should be granted. Accordingly, IT IS ORDERED that the Defendant's Unopposed Motion to Continue [30] is granted as follows: 1. The jury trial, now set for March 25, 2020 is continued to July 7, 2020. 2. In accordance with 18 U.S.C. 3161(h)(7)(A), the...
ORDER LAURIE SMITH CAMP , Senior District Judge . This matter is before the Court on the Government's Motion for Dismissal without prejudice (Filing No. 61). Under Federal Rule of Criminal Procedure 48(a), leave of court is granted for the dismissal of the Indictment, without prejudice, against the above-named Defendant. IT IS ORDERED that the Government's Motion for Dismissal without prejudice, as it relates to Dylan Morris, (Filing No. 61) is granted.
